Wisconsin Legislature: Trans 131.14(5)(c)

9. Safety and health issues related to the inspection process.

(b) Trainees shall both pass, by a minimum of 80% correct responses, a written test and demonstrate the ability, without the assistance of another person, to conduct a proper inspection as a condition of successfully completing a licensing examination administered by a party other than the contractor.

(c) An applicant for a vehicle emissions inspection license who fails an examination for inspector shall successfully complete the applicable vehicle emissions inspector training program prior to reexamination for license.

(2) Licensing. Upon completion of training and all other licensing requirements, the contractor shall issue a photo identification badge containing the inspector’s photograph, name, unique, non-transferable inspector number and the expiration date of the inspector’s license. Training and licensing records for each employee so licensed shall be maintained both at the contractor’s headquarters and at the employee’s primary inspection station or other authorized inspection facility.

(3) Renewal. Licenses issued to vehicle emissions inspectors shall be valid for 2 years. Inspectors shall complete both refresher training and testing prior to license renewal.

(4) Auditing. Representatives of the department or its designated agent shall conduct both overt and covert, scheduled and unscheduled audits.

(5) Penalties. Failure of either the contractor or any of its employees or of any authorized inspection facility subcontractor or its employees to pass any portion of an overt or covert audit shall result in the imposition of a penalty. These penalties, established in the penalty schedule section of the contract, may require that the contractor either suspend or revoke inspector licenses or incur liquidated damages, or both.

(6) Challenge mechanism.

(a) A motorist who alleges that either an incorrect inspection occurred or that fraud or abuse influenced the results of the inspection may contest the results of that inspection by notifying the department immediately after the inspection, or as soon as possible after discovering the problem.

(b) The department’s quality assurance representative shall investigate the complaint. If the results of that investigation indicate that the inspection may have occurred incorrectly or that fraud or abuse may have influenced the results of the inspection, the department’s quality assurance representative shall arrange for a reinspection at the technical assistance center or other facility by an inspector designated by the department to perform the functions of a technical assistance center at a time convenient to all parties.

(c) Results of the technical assistance center inspection or inspection by an inspector designated by the department to perform the functions of a technical assistance center shall supersede the results of the contested station lane or other authorized inspection facility inspection.

History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; r. and recr. Register, April, 1996, No. 484, eff. 5-1-96; am. (1) (a) (intro.), (2), (5) (a) and (b), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-114: am. (1) (a) and 6., (2), (5) (a) and (b) and (6) (c) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (1) (a) 4. and 6. and (6) (b) and (c) Register December 2010 No. 660, eff. 1-1-11; 2013 Wis. Act 363: renum. (5) (a) to (5), r. (5) (b) Register May 2014 No. 701, eff. 6-1-14.

Trans 131.14 Remote sensing.

(1) General. The contractor shall use remote sensing to measure the in-use vehicle emissions in any county identified under s. 110.20 (5), Stats. Any nonexempt vehicle that has passed its last emission reinspection under s. Trans 131.03 (11), and fails the remote sensing test by exceeding the remote emission standards under sub. (4), shall have an emission inspection under s. 110.20 (9) (g), Stats. Penalty for failure to comply with this section consists of suspension of vehicle registration as set forth in s. 341.63 (1) (e), Stats.

(2) When inspection required.

(a) The owner or lessee of a nonexempt vehicle that fails the remote sensing test shall have an emission inspection within 45 days of notification of a remote sensing test failure.

(b) Vehicles that fail the remote sensing test, but are scheduled to receive an emission inspection required under s. 110.20 (6), Stats., within 90 days of remote sensing test failure, or for which temporary exemptions will expire within 30 days of remote sensing test failure, shall receive notification of the remote sensing test failure but are exempt from the inspection requirements of s. 110.20 (9) (g), Stats.

(c) Vehicles that have a valid emission inspection waiver at the time of remote sensing test failure are exempt from the inspection requirements of s. 110.20 (9) (g), Stats.

(3) Scope and nature of remote sensing test. The test shall consist of using an open-path infrared sensor to measure the concentration of one or more of the following pollutants present in the vehicle’s exhaust:

(a) Hydrocarbons.

(b) Carbon monoxide.

(d) Oxides of nitrogen.

(4) Emission standards. Vehicles that exceed the standards shown in Table 1 shall fail the remote sensing test:

- See PDF for table

Note: Changes to these standards may occur either if the USEPA establishes remote sensing standards or if the department’s program evaluation indicates that modifications should occur to identify more accurately gross polluting vehicles.

(5) Vehicle inspection notice. The contractor shall mail a vehicle inspection notice to the owner or lessee of vehicles that fail a remote sensing test conducted under this section. The vehicle inspection notice shall be mailed to the owner’s or lessee’s address indicated on the department’s registration database. The vehicle inspection notice shall include all of the following:

(a) Remote sensing test serial number.

(b) Date, location and time of the remote sensing test.

(d) VIN.

(e) Emission remote sensing test results and standards for the vehicle.

(f) Instructions indicating that the report, together with the vehicle, shall be brought to any inspection station or other authorized inspection facility to receive an inspection as required under s. Trans 131.14 (2), if required.

(g) Information describing the remote sensing test.

(h) Explanation of both the legal requirements and registration penalties for failure to comply with an inspection notice.

(i) Other information that the department may decide to include to improve understanding of the remote sensing test.

(6) Remote sensing equipment specifications and maintenance.

(a) All equipment utilized for remote sensing emission measurement shall be calibrated and maintained according to the manufacturer’s specifications or as superseded by contract.

(b) Remote sensing equipment, personnel and procedures shall be subject to periodic audits by the department under s. Trans 131.11.

History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; r. and recr. Register, April, 1996, No. 484, eff. 5-1-96; CR 07-114: am. (1), (2) (a), (4) and (5) (f) Register June 2008 No. 630, eff. 7-1-08; CR 10-088: am. (3) (title) and (5) (a), (b) and (e) Register December 2010 No. 660, eff. 1-1-11.

Trans 131.15 Performance monitoring of repair facilities.

(1) General. The department, through its emission inspection contractor, shall both collect emission repair data and inform the public and automotive repair industry regarding repair efficacy.

(2) Data collection. Whenever a nonexempt vehicle receives a reinspection, the contractor shall collect the following emission repair information from the vehicle inspection report as required by s. Trans 131.03 (11):

(a) The repairs performed.

(b) Any technician recommended repairs not performed, per owner’s request.

(d) The name of the person who performed the repairs.

(e) The identification number, if available, of the recognized repair facility or recognized automotive emission repair technician, or both.

(3) Reporting.

(a) The contractor shall compile a report which includes the emission repair facility name, address, telephone number, number of vehicles submitted for reinspection, and percentages indicating the number of vehicles that have passed, failed, and received waivers after repair.

(b) Beginning in the third month of the vehicle emission inspection program, the contractor shall produce a summary report of the performance of local repair facilities that have repaired vehicles for reinspection. The report shall be provided to the motorist at the time of initial vehicle emission inspection failure. The report shall be updated on a quarterly basis.

(c) Repair facilities shall receive summary reports at least quarterly. Reports to the repair facility shall include all information made available to the public and may include reports on individual technicians if so requested by the employing repair facility.

(d) The department may include additional statistics that convey information on the relative ability of repair facilities in providing effective emission repair.

History: Emerg. cr., eff. 12-4-95; cr. Register, April, 1996, No. 484, eff. 5-1-96; CR 10-088: am. (1) Register December 2010 No. 660, eff. 1-1-11.

Trans 131.16 Automotive emission repair technician training.

(1) General. The department, in cooperation with community and technical colleges located in counties certified under s. 110.20 (5) (a), Stats., shall establish guidelines for assessing programs for automotive emission repair technician education and training available at both public and private facilities. The department shall designate programs that meet these guidelines as Wisconsin emission technician training, or WISETECH, programs. Any public or private facility offering automotive emission repair technician training may request WISETECH designation from the department.

(2) Criteria. To meet WISETECH standards, training courses shall, at a minimum, include instruction in:

(a) Diagnosis and repair of malfunctions in computer controlled close-loop vehicles.

(b) Application of emission control theory and diagnostic data to the diagnosis and repair of vehicles failing OBD inspection.

(d) General training on the various subsystems related to engine emission control.

(3) Equipment. Both private and public facilities offering WISETECH designated automotive emission repair training courses shall have available, and maintain in good working condition, tools and equipment necessary for the proper diagnosis, adjustment and repair of all nonexempt vehicles. All equipment utilized in the training courses shall be maintained according to the manufacturer’s specifications.

(4) Program recognition. Programs shall be designated as meeting WISETECH standards if in compliance with one of the following:

(a) The department approves the course curricula, equipment and facility.

(b) The training facility presents documentation that the course meets National Automotive Technician Education Foundation, Inc., standards.

(5) Technician recognition.

(a) A person successfully completing all phases of a WISETECH training program shall achieve the designation of “recognized automotive emission repair technician” as defined in s. Trans 131.02 (38).

(b) A person who satisfactorily completes a WISETECH approved automotive emission training course shall receive from the organization providing the training, an identification card which states the technician’s name, the name and location of the course, the date of completion and a WISETECH identification number.

(6) Reporting. Both private and public facilities offering WISETECH automotive emission repair training courses shall supply the department with the names of the persons registered in their course, the percentage successfully passing the course and the names and WISETECH identification numbers of those passing.

(7) Supplemental training. The department may authorize periodic supplemental training as a requirement for a person to maintain the status of WISETECH automotive emission repair technician.

(8) Quality assurance.

(a) WISETECH training programs are subject to periodic monitoring by the department or its representative to assure that courses continue to meet WISETECH standards.

(b) The department may use performance monitoring as described in s. Trans 131.15 to evaluate both the emission repair success of the technicians and the effectiveness of WISETECH designated courses.

History: Emerg. cr., eff. 12-4-95; cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (2) (b) and (c), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-114: am. (2) (b), (c) and (3) Register June 2008 No. 630, eff. 7-1-08.

Trans 131.17 Notification of inspection requirements. As part of the notification process for vehicle registration renewal under s. 341.08 (4m), Stats., or for inspection required due to ownership change registration under s. 110.20 (6) (a) 2., Stats., or for inspection required due to registration as a collector or hobbyist vehicle, the department shall include notification to vehicle owners whose vehicles either are or may be subject to the inspection requirements of this chapter.

History: Cr. Register, June, 1993, No. 450, eff. 7-1-93; emerg. renum. and am., eff. 12-4-95; renum. from Trans 131.15, Register, April, 1996, No. 484, eff. 5-1-96.